SACKETT v. ST. MARY'S CHURCH SOCIETY


18 Mass. App. Ct. 186 (1984)

464 N.E.2d 956

SHIRLEY SACKETT & others vs. ST. MARY'S CHURCH SOCIETY & another.

Appeals Court of Massachusetts, Essex.

May 31, 1984.


Attorney(s) appearing for the Case

William B. Parnell for the plaintiffs.

Fredric S. O'Brien, Robert V. O'Sullivan & Mark A. McComiskey, Jr., for St. Mary's Church Society.

John D. Hackett for John Breen Memorial Funeral Home, Inc.

Present: GREANEY, C.J., ARMSTRONG, & DREBEN, JJ.


ARMSTRONG, J.

Pursuing both tort and contract theories of recovery, the plaintiffs sought damages for mental distress, unaccompanied by physical injury, as a result of an untoward incident following the funeral of their father. The funeral had been in the morning, ending with a brief graveside committal service. The casket was not lowered into the grave, however, because the family (the plaintiffs' two brothers and...

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